This title deals with disclosure of information outside the Rules of Court, for example, as an independent action, in aid of tracing remedies, in aid of Mareva injunctions or Anton Piller orders, or, in the Republic of Ireland, the Personal Injuries Assessment Board Act.
This book deals with ancillary discovery in Ireland (North and South), England and Wales.
There has been major reform of civil procedure in the relevant jurisdictions in the last 10 years. In England and Wales, and in personal injuries actions in Ireland, there has effectively been abandonment of the writ system of pleading, meaning that parties are required to furnish much more detail in their originating document. In England and Wales, and in Northern Ireland, potential for the action for discovery has been greatly expanded by the decision of the House of Lords in Ashworth v MGN. The last 10 years have also seen the incorporation of the European Convention on Human Rights in all parts of Ireland and Britain, which has had impacts on the right of access to journalists’ sources, and on the illegal obtaining of evidence.
Contents: 1 Introduction; 2 Historical Background to the Action for Discovery; 3 Modern Revival of the Action in Ireland and England; 4 Time for and Manner of Seeking Substantive Discovery; 5 Involvement Sufficient to Oust the ‘Mere Witness’ Rule; 6 Newspapers, Printers and Reading Rooms Repeal Act; 7 Discovery of Evidence other than Parties’ Identities; 8 Action for Discovery in aid of Particular Remedies; 9 The Court’s Discretion and Factors Affecting its Exercise; 10 The Action for Discovery and Journalists; 11 Privacy and Data Protection; 12 Methods of Giving Effect to Discovery by Action; 13 Costs of an Action for Discovery; 14 Tracing, Following and the Enforcement of Trusts; 15 Anton Piller Orders; 16 Mareva Injunctions and Disclosure in Aid; 17 Ne exeat and Execution Orders; 18 Statutory Discovery Before Action and from N